A new law intent on tackling anti-social behaviour is sending tremors through the music world as campaigners warn it could be disastrous for all kinds of live acts. Sarah Leese endeavours to find out how far-reaching the consequences of the legislation will be.

Can it really be true that carol singing could become a crime? Along with singing Happy Birthday in public, performing to patients in hospital, or even having a band play at your wedding. And not to mention little Johnny's annual Nativity play.

So far, 75,000 musicians have signed an online petition, anxious that under a new licensing bill, each of the above could be deemed illegal unless a licence is obtained from the local authority to allow them to take place.

"It will affect literally everybody, from groups to solo singers, anyone who dances, sings or plays an instrument," says Derek Milburne, property band manager of the Sacriston Colliery Band, which was formed 35 years ago.

" I think it will have a detrimental effect on all of us," he added.

The British Federation of Brass Bands feels so strongly about the Bill that it is currently collecting signatures for a petition against it, which it plans to present to 10 Downing Street on March 15.

The latest licensing bill has been described as "a central plank in the Government's drive to tackle anti-social behaviour" by deregulating pub opening times.

It is also aimed at improving the current Public Entertainments Licence regime, which allows no more than two musicians to perform without a licence. Now, the Government intends to license all live entertainment so that live music in any place will be illegal unless a licence or temporary entertainment notice from the local authorities is obtained.

The new law will inevitably throw up problems for groups such as the Sacriston Colliery Band, as Mr Milburne explains.

"We play at outdoor concerts in parks, like Saltwell Park in Gateshead. Who'll pay for the licensing fee then? That hasn't been addressed."

"And then what happens when we play at weddings? The amendment in the Bill says a licence will not be required for a band playing in a marquee at a wedding reception or in someone's garden. But what about if it's in a hotel, where it usually is? This new act will kill off smaller bands."

Barry McKay, former concert promoter and one-time manager of Geordie band Lindisfarne, agrees the bill will have a detrimental effect on live music.

He says: "The places that will be most affected by the licence are small pubs that don't have a public entertainment licence but rely on the two-in-a-bar rule.

"It's always been a major difficulty to get an entertainment licence as there are lots of rules and regulations and it can be expensive to obtain one."

Until now, anybody has been able to have two musicians playing, whether it is in a restaurant or is a pianist in a hotel.

"It gives a lot of musicians the chance to earn a living in restaurants or smaller pubs," says Mr McKay, who, as well as managing Lindisfarne, promoted The Kinks, Gary Glitter and Sweet in the 1970s.

"The new bill is very bad news for people and venues like this. Lindisfarne started in exactly this way. Their main singer and songwriter, Alan Hull, started out in small pubs. You used to be able to do a tour of pubs like that.

"Once a venue or pub that doesn't have to have a licence under the current rules has to get one, that means it'll have to go through all the red tape that accompanies that."

Musician Richard Rutherford, who plays with North East band, Laughing Jacks, agrees the new bill could have a hugely negative effect on live music.

"The problem with it for bands like ourselves is that if people have to start paying to have a band play for them, it'll put a lot of them off," says Mr Rutherford, 27, who lives in Cramlington.

"It seems very archaic to me that the Government would want to bring in an act that might make live music illegal. I think it'd be very bad for a lot of musicians.

"The ridiculous thing is that, apparently, 80 per cent of noise complaints are because of the noise people make coming out of pubs at closing time, as well as noisy juke boxes and big-screen TVs in pubs. It's not the noise made by musicians that's the problem. I think they're being made a scapegoat."

However, Frank Earl, agent to Blaydon MP John McWilliam, says the row over the bill has been blown out of all proportion and that it will not be as draconian as many believe.

"There's been so much misinformation about the bill, it's unbelievable," he says. "Contrary to what people are saying, it will not be an offence to sing Happy Birthday; nor will singing in church be an offence.

"You will not need a licence to stage a village pantomime nor sing carols in a shopping centre or to hold a school Nativity play.

"If a school charges for tickets and if the tickets are only covering costs, it will not need a licence. Community halls will need a licence but won't have to pay for it.

"The entertainment part of this bill is a genuine attempt to see an increase in the number and types of venues that offer live music."

And to allay concerns, the Government has published a leaflet, entitled The Answers to 20 Myths About Public Entertainment & the Licensing Bill, to dispel many of the rumours that have been circulating in the past few months.

Only last week, peers voted to continue to allow live music to be played in pubs. However, ministers are expected to overturn the defeat when the Licensing Bill returns to the Commons.

The Musicians' Union, which has campaigned hard against the bill, still has major reservations about it.

Hamish Birchall, adviser to the union, says: "The bill, as originally worded, would have put thousands of performers out of work. If the Commons does throw out these amendments, the bill will be detrimental. And despite the Government publishing its list of myths, what use will they be when the licence collectors come round to collect their fee? It is what is in the bill that ultimately counts."

He adds: "Under the new bill, every venue that offers live entertainment would have to complete a form saying what nights they have bands and from and to what time to and from.

"The local council is entitled to ask for more information and might request the pub gets double glazing if it thinks it might disturb the neighbours - and then the costs start mounting up."

Mr Birchall also argues with the Government's assurance that spontaneous musicians, such as carol singers, will not be penalised: "Licensing lawyers have disputed this and it's not clear that they'll not be caught by the new law."

More worryingly, it is charity performances that Mr Birchall believes will be hardest hit. "What's absolutely clear is that raising money for charity is caught in the bill. It specifically says in it that you will have to get a licence if you're fundraising. I'm afraid that we're in big trouble if this bill goes through as it is."